Under the authority of Sections 1 and 24, Article III of the Alaska Con~stitution, AS 14.30.231 and AS 44.19.880(c)1 I hereby order that the Developmental Disabilities Planning Council, established by the commissioner of the Department of Health and Social Services under the authority of AS 18.05.031(a) (3) and the Special Education Advisory Council, established by the commissioners of the Department of Health and Social Services and Education under the authority of AS 14.30.231, be combined into one planning council entitled the Governor's Council for the Handicapped and Gifted.

The purpose of this merger is to create a single group to advocate for people who are handicapped or gifted and to act as the interdepartmental planning and coordinating agency for the Department of Health and Social Services and the Department of Education for services affecting persons who are handicapped or gifted.

The new Governor's Council for the Handicapped and Gifted is established as follows:

1. The council is to be responsible to the Department of Health and Social Services and the Department of Education. Administration of funds received under P.L. 94-103 is to remain with the Department of Health and Social Services. Administration of funds received under P.L. 94-142 is to remain with the Department of Education.

2. The council is to be composed of not less than 18 nor more than 23 members appointed by the Governor in conformance with P.L. 94-103, P.L. 94-142, and AS 14.30.231.

One third of the members must be developmentally disabled persons or their parents or guardians who are not officers or directors of an entity, or employees of any State agency entity, or employees of any State agency or of any other entity, which receives funds or provides services under P.L. 94-103; eight principal state agencies concerned with services for handicapped or gifted persons must be represented; at least one person must be appointed to represent each of the following: handicapped person, state or local educational agency, special education program administrator, special education teacher; members are to be appointed representing the public atlarge, local agencies, non-governmental agencies and groups concerned with services to handicapped or gifted persons.

3. Terms of service for council members are to be for three years. Of the initial appointees, one-third of the members are to serve for one year; one-third of the members are to serve for two years; and one-third of the members are to serve for three years. A vacancy occurring in the membership of the council is to be filled by appointment of the Governor, taking into consideration a list of names presented by the Council, for the unexpired portion of the vacated term. Council members are to serve at the pleasure of the Governor, notwithstanding their terms of office and~may be reappointed. The council, by a majority of its membership, is to elect a chairman and vice chairinan.

4. Members of the council are not entitled to receive a salary but are entitled to per diem and reimbursement for travel and other expenses as authorized by law for boards.

5. The council shall:

(a) serve as a forum where issues and benefits regarding current and potential services to handicapped or gifted persons may be discussed by consumer, public, private, professional, and lay interests;

(b) advocate the needs of handicapped or gifted persons before the executive and legislative branches of the state government and before the public;

(c) advise the executive and legislative branches of the state government and the private sector of programs and policies pertaining to current and potential services to handicapped or gifted persons and their families, including but not limited to the type, range and availability of services administered by state and local governmental agencies and private organizations;

(d) submit periodic reports to the commissioner of health and social services and the commissioner of education on the effects of current federal and state programs regarding services to handicapped or gifted persons, including program performance reports to the commissioners of state departments, the Governor, and the federal government, as required by P.L. 94-103 and P.L. 94-142;

(e) in consultation with the departmens specified above, develop, prepare, adopt, and periodically review and revise as necessary an annual plan prescribing programs which meet the needs of persons with developmental disabilities as required under P.L. 94-103;

(f) review and make recommendations to commissioner of health and social services and education on the state plan required under P.L. 94-142 and all state plans and proposed regulations relating to programs for handicapped or gifted persons before their being adopted;

(g) state the priorities and specifications for the use of funds received by the state under P.L. 94-103 and P.L. 94-142, as amended;

(h) submit annually to the commissioner of health and social services and the commissioner of education a proposed interdepartmental program budget for services to handicapped or gifted persons which includes, insofar as possible, projected expenditures for programs implemented by state agencies, local governmental agencies, and private organizations; the inter-department program budget shall be an informational supplement to the regular annual budgetary submissions of the departments to the Office of the Governor.

(i) provide information and guidance for the development of appropriate special educational programs and services for gifted children as defined in AS 14.30.350(1) (E) and (2).

(j) in Conjunction with state agencies shall monitor and evaluate agencies serving the handicapped or gifted which receive federal or state funds to assure the non-duplication of services, and encourage efficient and coordinated use of federal and state resources in the provision of services. Members of the Council will have access to information subject to the disclosure restruction imposed by confidentiality laws. No individual of the Council acts as the Council's official representative without the sanction or approval of the Council.

(k) monitor decentralization and deinstitutionalization of facilities by insuring that each resident transferred has an individualized program at least equal to that which he or she might be expected to receive in present facility.

(1) perform any other duties as may be required under P.L. 94-142 and P.L. 94-103 as amended, AS 14.30.231, and as the Governor may from time to time assign.

This order takes effect on Nov. 25, 1977

DONE at Juneau, Alaska on Nov. 25, 1977

S/S Jay S. Hammond
Jay S. Hammond  
Governor of Alaska